Toolkit Case : Bombay HC Reserves Orders For Tomorrow On Nikita Jacob's Transit Bail Plea - LIVE UPDATES
Desai(for Jacob) -The tool kit doesnt talk about violence, or taking over of the Red Fort.
According to them the toolkit came to light much after 26 Jan. There are a few young people who prepare a tool kit for supporting the farmers .
Justice Naik - Is it on the application of the investigating officer?
Hiten Venegaonkar - Yes. The Delhi police spoke to her and since it was sunset they could not arrest her. She was to be interrogated the next day but she was never to be found...
Desai- The issue is not where, they want to arrest her.
Bench - Which court has issued the warrant?
Hiten- Tees Hazari Court.
Desai(for Nikita Jacob) - "The liberty of an individual cannot be curtailed due to territorial restrictions," justice Dere had observed.
Mihir Desai(for Nikita Jacob) - This very SC judgment in Sandeep Lahoria's case has been considered by Bombay HC's Justice Revati Mohite Dere.
Hiten(for Delhi Police)- I understand different views have been taken on this aspect. Today the field of 438 CrPC in the case of transit bail is the Supreme Court's judgement in Sandeep Lahoria's case.
Delhi police counsel points out to the judgement Sailesh Jaiswal vs State of Bengal
"Therefore the cause of action will be the only test to decide if this court can exercise its powers. The apprehension of an accused will not give any jurisdiction to the court".
Delhi Police counsel : The place where the accused apprehends is not a ground for hearing the plea in this High Court.
Hiten(for Delhi police) - So the submission is, the term that has been used in 438 CrPc would mean the High Court established there.
Cites Sandeep Lahoria case.
Hiten - We are concerned with transit anticipatory bail.
Exercising powers under 438 of CrPC (directions for grant of bail)
Reads the section.